What is the test for establishing that a party has a genuine issue of material fact?
MultiRegion, United States of America
The following excerpt is from Marks v. Crunch San Diego, LLC, 55 F.Supp.3d 1288 (S.D. Cal. 2014):
The moving party bears the initial burden of establishing the absence of a genuine issue of material fact. See Celotex, 477 U.S. at 323, 106 S.Ct. 2548. The burden then shifts to the nonmoving party to establish, beyond the pleadings, that there is a genuine issue for trial. Miller v. Glenn Miller Prods., Inc., 454 F.3d 975, 987 (9th Cir.2006) (citing Celotex, 477 U.S. at 324, 106 S.Ct. 2548 ).
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